A group of Vancouver Island women calling for legislative change on how publication bans are handled in sexual assault cases may soon see results.
Bill S-12 was introduced in the Senate by Senator Marc Gold on Wednesday (April 26), proposing requirements for judges when implementing publication bans on sexual assault cases.
If passed, the bill would require judges to ask prosecutors if they have sought victim input on whether to impose a publication ban. It also codifies the process for getting a ban lifted and would require judges to ask if victims want to receive ongoing information about their case after sentencing and ensure that wish is entered into the public record.
Speaking at a press conference, Vancouver woman Morrell Andrews, one of the organizers of My Voice My Choice, an advocacy collective of women who have been silenced by publication bans, said she was thrilled to see the legislation coming forward.
B次元官网网址淚f these changes that have been proposed today were made years ago, we would not have the victims and complainants of today having to resort to Twitter DMS to ask for help or to create WhatsApp groups to crowdsource legal advice,B次元官网网址 Andrews said. B次元官网网址淚B次元官网网址檓 elated to see this federal legislation that addresses the gaps and how publication bans are actually being implemented in this country.B次元官网网址
ItB次元官网网址檚 been a long road for Andrews and women like her who have been campaigning for changes for years. Andrews, along with several Vancouver Island women, launched a federal petition sponsored by Victoria NDP MP Laurel Collins, which garnered around 4,900 signatures. That came after Andrews presented to the Standing Committee on Justice and Human Rights in October calling for change. The committeeB次元官网网址檚 report came out in December, backing some of AndrewsB次元官网网址 recommendations.
READ MORE: Eyes turn to Parliament as Victoria-led petition on sexual assault publication bans closes
Lifting a ban will still require a hearing, which requires the accused to be notified and allowed to give submissions against having a publication ban lifted, something victims have said can be re-traumatizing.
B次元官网网址淚 canB次元官网网址檛 think of an example other than when there are multiple victims who have differing views on publication bans, that a judge would ever say no to the lifting of a publication ban when the victim has sought it at the outset, or changed position during the process to have it lifted. ThatB次元官网网址檚 certainly something we can look at in the legislative process to clarify,B次元官网网址 said federal Justice Minister David Lametti, who spoke at the press conference.
Andrews suggested more education and greater data monitoring around publication bans could help navigate the issue in the future.
B次元官网网址淚tB次元官网网址檚 a real challenge to understand the issue,B次元官网网址 Andrews said. B次元官网网址淵ou canB次元官网网址檛 change what you donB次元官网网址檛 measure.B次元官网网址
Lametti said he expected cross-party support on the issue, with Andrews thanking members from the Conservatives and NDP for their support during the process.
B次元官网网址淢y last message to parliamentarians is please be decisive as you move forward with this legislation. It is marginal but it is a huge improvement to a system and will have a meaningful impact on people who are just trying to make it through and find some sort of resolution to harms that have been caused. I want you to be ambitious and I want you to work hard and demand something better for us,B次元官网网址 said Andrews.
The bill also sought to make Supreme Court-mandated changes to whoB次元官网网址檚 automatically signed up for the National Sex Offender Registry and add revenge porn and sextortion as crimes requiring being added to the National Sex Offender Registry.
The Supreme Court said those changes have to commit into effect by Oct. 29, otherwise courts will no longer be able to order offenders to be added to the National Sex Offender Registry.
B次元官网网址淚n light of that I trust that all my parliamentary colleagues share my commitment to making sure that this situation does not happen,B次元官网网址 said Lametti. B次元官网网址淐anadians expect us to work together and quickly to preserve the National Sex Offender Registry by passing Bill S-12.B次元官网网址
READ MORE:
Vancouver Island women push to end court-ordered silence of sexual assault victims
Federal committee backs B.C. womenB次元官网网址檚 calls for change to publication ban rules
bailey.moreton@goldstreamgazette.com
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